1-1 By: Brown S.B. No. 365
1-2 (In the Senate - Filed February 24, 1999; Feburary 25, 1999,
1-3 read first time and referred to Committee on Criminal Justice;
1-4 April 8, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 6, Nays 0; April 8, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 365 By: Nelson
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the continuation and the functions of the Texas
1-11 Department of Criminal Justice, the administration of the Private
1-12 Sector Prison Industries Oversight Authority, and the
1-13 administration of the Texas Council on Offenders with Mental
1-14 Impairments.
1-15 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-16 ARTICLE 1
1-17 SECTION 1.01. Section 492.003, Government Code, is amended
1-18 to read as follows:
1-19 Sec. 492.003. ELIGIBILITY FOR MEMBERSHIP; REMOVAL.
1-20 (a) Each member of the board must be representative of the general
1-21 public. A person is not eligible for appointment as member if the
1-22 person or the person's spouse:
1-23 (1) is a person, other than a judge participating in
1-24 the management of a community supervision and corrections
1-25 department, who is employed by or participates in the management of
1-26 a business entity or other organization regulated by the department
1-27 or receiving funds from the department;
1-28 (2) owns, or controls directly or indirectly, more
1-29 than a 10 percent interest in a business entity or other
1-30 organization regulated by the department or receiving funds from
1-31 the department; or
1-32 (3) uses or receives a substantial amount of tangible
1-33 goods, services, or funds from the department, other than
1-34 compensation or reimbursement authorized by law for board
1-35 membership, attendance, or expenses.
1-36 (b) In [An employee or paid officer or consultant of a trade
1-37 association in the field of criminal justice may not be a member or
1-38 employee of the board. A person who is the spouse of any employee
1-39 or paid consultant of a trade association in the field of criminal
1-40 justice may not be a member of the board and may not be an
1-41 employee, including an employee exempt from the state's
1-42 classification plan, who is compensated at or above the amount
1-43 prescribed by the General Appropriations Act for step 1, salary
1-44 group 17, of the position classification salary schedule. For the
1-45 purposes of] this section, "Texas trade association" means a [trade
1-46 association is a nonprofit,] cooperative[,] and voluntarily joined
1-47 association of business or professional competitors in this state
1-48 designed to assist its members and its industry or profession in
1-49 dealing with mutual business or professional problems and in
1-50 promoting their common interests.
1-51 (c) A person may not be a member of the board and may not be
1-52 a department employee employed in a "bona fide executive,
1-53 administrative, or professional capacity," as that phrase is used
1-54 for purposes of establishing an exemption to the overtime
1-55 provisions of the federal Fair Labor Standards Act of 1938 (29
1-56 U.S.C. Section 201 et seq.) and its subsequent amendments, if:
1-57 (1) the person is an officer, employee, or paid
1-58 consultant of a Texas trade association in the field of criminal
1-59 justice; or
1-60 (2) the person's spouse is an officer, manager, or
1-61 paid consultant of a Texas trade association in the field of
1-62 criminal justice.
1-63 (d) A person who is required to register as a lobbyist under
1-64 Chapter 305 because [by virtue] of the person's activities for
2-1 compensation in or on behalf of a profession related to the
2-2 operation of the board[,] may not serve as a member of the board or
2-3 act as the general counsel to the board or the department.
2-4 (e) [(d)] Appointments to the board shall be made without
2-5 regard to the race, color, disability [handicap], sex, religion,
2-6 age, or national origin of the appointees.
2-7 (f) [(e)] It is a ground for removal from the board if a
2-8 member:
2-9 (1) does not have at the time of taking office
2-10 [appointment] the qualifications required by Subsection (a) for
2-11 appointment to the board;
2-12 (2) does not maintain during the member's service on
2-13 the board the qualifications required by Subsection (a) for
2-14 appointment to the board;
2-15 (3) is ineligible for membership under Subsection (c)
2-16 or (d) [violates a prohibition established by Subsection (b) or
2-17 (c)];
2-18 (4) is unable to discharge the member's duties for a
2-19 substantial part of the term for which the member was appointed
2-20 because of illness or disability; or
2-21 (5) is absent from more than half of the regularly
2-22 scheduled board meetings that the member is eligible to attend
2-23 during each calendar year or is absent from more than two
2-24 consecutive regularly scheduled board meetings that the member is
2-25 eligible to attend, except when the absence is excused by majority
2-26 vote of the board.
2-27 (g) [(f)] The validity of an action of the board is not
2-28 affected by the fact that it was taken when a ground for removal of
2-29 a member of the board existed.
2-30 (h) [(g)] If the executive director has knowledge that a
2-31 potential ground for removal exists, the director shall notify the
2-32 chairman of the board of the ground. The chairman shall then
2-33 notify the governor and the attorney general that a potential
2-34 ground for removal exists. If the potential ground for removal
2-35 involves the chairman, the executive director shall notify the next
2-36 highest ranking officer of the board, who shall then notify the
2-37 governor and the attorney general that a potential ground for
2-38 removal exists.
2-39 SECTION 1.02. Chapter 492, Government Code, is amended by
2-40 adding Section 492.0031 to read as follows:
2-41 Sec. 492.0031. TRAINING PROGRAM FOR MEMBERS. (a) A person
2-42 who is appointed to and qualifies for office as a member of the
2-43 board may not vote, deliberate, or be counted as a member in
2-44 attendance at a meeting of the board until the person completes a
2-45 training program that complies with this section.
2-46 (b) The training program must provide the person with
2-47 information regarding:
2-48 (1) the legislation that created the department and
2-49 the board;
2-50 (2) the programs operated by the department;
2-51 (3) the role and functions of the department;
2-52 (4) the rules of the department, with an emphasis on
2-53 the rules that relate to disciplinary and investigatory authority;
2-54 (5) the current budget for the department;
2-55 (6) the results of the most recent formal audit of the
2-56 department;
2-57 (7) the requirements of:
2-58 (A) the open meetings law, Chapter 551;
2-59 (B) the public information law, Chapter 552;
2-60 (C) the administrative procedure law, Chapter
2-61 2001; and
2-62 (D) other laws relating to public officials,
2-63 including conflict of interest laws; and
2-64 (8) any applicable ethics policies adopted by the
2-65 department or the Texas Ethics Commission.
2-66 (c) A person appointed to the board is entitled to
2-67 reimbursement, as provided by the General Appropriations Act, for
2-68 the travel expenses incurred in attending the training program
2-69 regardless of whether the attendance at the program occurs before
3-1 or after the person qualifies for office.
3-2 SECTION 1.03. Section 492.004, Government Code, is amended
3-3 to read as follows:
3-4 Sec. 492.004. NOTICE OF QUALIFICATIONS, RESPONSIBILITIES.
3-5 The executive director or the executive director's designee shall
3-6 provide to members of the board and to agency employees, [board
3-7 shall inform its members] as often as necessary, information
3-8 regarding requirements for office or employment under this
3-9 subtitle, including information regarding a person's [of:]
3-10 [(1) the qualifications for office prescribed by this
3-11 chapter; and]
3-12 [(2) their] responsibilities under applicable law
3-13 relating to standards of conduct for state officers or employees.
3-14 SECTION 1.04. Section 492.006, Government Code, is amended
3-15 to read as follows:
3-16 Sec. 492.006. BOARD MEETINGS. (a) The board shall meet at
3-17 least once in each quarter of the calendar year at a site
3-18 determined by the chairman. [The chairman shall provide the
3-19 chairman of the Legislative Criminal Justice Board with notice of
3-20 the board's regularly scheduled meetings and facilitate the
3-21 attendance of the Legislative Criminal Justice Board at the
3-22 regularly scheduled meetings.]
3-23 (b) The board may meet at other times at the call of the
3-24 chairman or as provided by the rules of the board.
3-25 (c) At each regularly scheduled meeting of the board, the
3-26 board shall allow:
3-27 (1) the presiding officer of the Board of Pardons and
3-28 Paroles or a designee of the presiding officer to present to the
3-29 board any item relating to the operation of the parole system
3-30 determined by the presiding officer to require the board's
3-31 consideration; and
3-32 (2) the chairman of the judicial advisory council to
3-33 the community justice assistance division and to the board to
3-34 present to the board any item relating to the operation of the
3-35 community justice system determined by the chairman to require the
3-36 board's consideration.
3-37 SECTION 1.05. Section 492.012, Government Code, is amended
3-38 to read as follows:
3-39 Sec. 492.012. SUNSET PROVISION. The Texas Board of Criminal
3-40 Justice and the Texas Department of Criminal Justice are subject to
3-41 Chapter 325 (Texas Sunset Act). Unless continued in existence as
3-42 provided by that chapter, the board and the department are
3-43 abolished September 1, 2011 [1999].
3-44 SECTION 1.06. Section 492.013, Government Code, is amended
3-45 to read as follows:
3-46 Sec. 492.013. GENERAL POWERS AND DUTIES OF BOARD. (a) The
3-47 board may adopt rules as necessary for its own procedures and for
3-48 operation of the department.
3-49 (b) The board shall employ an executive director. The board
3-50 shall supervise the executive director's administration of the
3-51 department.
3-52 (c) The board shall approve the operating budget of the
3-53 department and the department's request for appropriations.
3-54 (d) The board shall appoint the members of any advisory
3-55 committees to the department.
3-56 (e) [The board shall provide to the employees of the
3-57 department, as often as is necessary, information regarding their
3-58 qualifications for employment and their responsibilities under
3-59 applicable laws relating to standards of conduct for state
3-60 employees.]
3-61 [(f)] The board shall develop and implement policies that
3-62 clearly separate the policymaking [define the respective]
3-63 responsibilities of the board and the management responsibilities
3-64 of the executive director and the staff of the department.
3-65 (f) [(g)] The board may apply for and accept gifts or grants
3-66 from any public or private source for use in maintaining and
3-67 improving correctional programs and services.
3-68 SECTION 1.07. Chapter 492, Government Code, is amended by
3-69 adding Section 492.0131 to read as follows:
4-1 Sec. 492.0131. PAROLE RULES, POLICIES, PROCEDURES. The
4-2 board and the Board of Pardons and Paroles Policy Board shall
4-3 jointly review all rules, policies, and procedures of the
4-4 department and the Board of Pardons and Paroles that relate to or
4-5 affect the operation of the parole process. The board and the
4-6 policy board shall identify areas of inconsistency between the
4-7 department and the Board of Pardons and Paroles and shall amend
4-8 rules or change policies and procedures as necessary for consistent
4-9 operation of the parole process.
4-10 SECTION 1.08. Section 493.001, Government Code, is amended
4-11 to read as follows:
4-12 Sec. 493.001. DEPARTMENT MISSION. The mission of the
4-13 department is to provide public safety, promote positive change in
4-14 offender behavior, [and] reintegrate offenders into society, and
4-15 assist victims of crime.
4-16 SECTION 1.09. Chapter 493, Government Code, is amended by
4-17 adding Section 493.0021 to read as follows:
4-18 Sec. 493.0021. ORGANIZATIONAL FLEXIBILITY.
4-19 (a) Notwithstanding Sections 493.002, 493.003, 493.004, 493.005,
4-20 493.0051, 493.0052, as added by Chapter 1360, Acts of the 75th
4-21 Legislature, Regular Session, 1997, and 493.0052, as added by
4-22 Chapter 490, Acts of the 75th Legislature, Regular Session, 1997,
4-23 the executive director, with the approval of the board, may:
4-24 (1) create divisions in addition to those listed in
4-25 Section 493.002 and assign to the newly created divisions any
4-26 duties and powers imposed on or granted to an existing division or
4-27 to the department generally;
4-28 (2) eliminate any division listed in Section 493.002
4-29 or created under this section and assign any duties or powers
4-30 previously assigned to the eliminated division to another division
4-31 listed in Section 493.002 or created under this section; or
4-32 (3) eliminate all divisions listed in Section 493.002
4-33 or created under this section and reorganize the distribution of
4-34 powers and duties granted to or imposed on a division in any manner
4-35 the executive director determines is best for the proper
4-36 administration of the department.
4-37 (b) The executive director may not take an action under this
4-38 section with potential impact on the administration of community
4-39 corrections programs by community supervision and corrections
4-40 departments without requesting and considering comments from the
4-41 judicial advisory council to the community justice assistance
4-42 division of the Texas Department of Criminal Justice and the Texas
4-43 Board of Criminal Justice as to the effect of the proposed action.
4-44 SECTION 1.10. Section 493.007, Government Code, is amended
4-45 to read as follows:
4-46 Sec. 493.007. PERSONNEL. (a) [Each division director shall
4-47 hire the employees for the director's division.]
4-48 [(b)] The executive director shall develop an intraagency
4-49 career ladder program. The program shall require intraagency
4-50 postings of all nonentry level positions concurrently with any
4-51 public postings.
4-52 (b) [(c)] The executive director shall develop a system of
4-53 annual performance evaluations. All merit pay for department
4-54 employees must be based on the system established under this
4-55 subsection.
4-56 (c) [(d)] The executive director or the executive director's
4-57 designee shall prepare and maintain a written policy statement that
4-58 implements [to assure implementation of] a program of equal
4-59 employment opportunity to ensure that [under which] all personnel
4-60 decisions [transactions] are made without regard to race, color,
4-61 disability [handicap], sex, religion, age, or national origin. The
4-62 policy statement must include:
4-63 (1) personnel policies, including policies related to
4-64 recruitment, evaluation, selection, [appointment,] training, and
4-65 promotion of personnel that show the intent of the department to
4-66 avoid the unlawful employment practices described by Chapter 21,
4-67 Labor Code; and
4-68 (2) an [a comprehensive] analysis of the extent to
4-69 which the composition of the department's personnel is in
5-1 accordance with state and federal law and [department work force
5-2 that meets federal and state guidelines;]
5-3 [(3) procedures by which a determination can be made
5-4 of significant underutilization in the department work force of all
5-5 persons for whom federal or state guidelines encourage a more
5-6 equitable balance; and]
5-7 [(4)] reasonable methods to achieve compliance with
5-8 state and federal law [appropriately address those areas of
5-9 significant underutilization].
5-10 (d) [(e)] A policy statement [prepared under Subsection (d)]
5-11 must:
5-12 (1) [cover an annual period,] be updated at least
5-13 annually;
5-14 (2) be reviewed by the state Commission on Human
5-15 Rights for compliance with Subsection (c)(1);[,] and
5-16 (3) be filed with the governor's office.
5-17 [(f) The governor's office shall deliver a biennial report
5-18 to the legislature based on the information received under
5-19 Subsection (e). The report may be made separately or as a part of
5-20 other biennial reports made to the legislature.]
5-21 SECTION 1.11. Section 493.016, Government Code, is amended
5-22 to read as follows:
5-23 Sec. 493.016. INFORMATION OF PUBLIC INTEREST; COMPLAINTS.
5-24 (a) The department shall prepare information of public interest
5-25 describing the functions of the department and the procedures by
5-26 which complaints are filed with and resolved by the department.
5-27 The department shall make the information available to the general
5-28 public and appropriate state agencies.
5-29 (b) The department shall establish methods by which
5-30 interested persons are notified of the name, mailing address, and
5-31 telephone number of the department for the purpose of directing
5-32 complaints to the department.
5-33 (c) The department shall keep an information file on [about]
5-34 each written complaint filed with the department by a member of the
5-35 general public that relates to the operations of the department.
5-36 The file must include:
5-37 (1) the name of the person who filed the complaint;
5-38 (2) the date the complaint is received by the
5-39 department;
5-40 (3) the subject matter of the complaint;
5-41 (4) the name of each person contacted in relation to
5-42 the complaint;
5-43 (5) a summary of the results of the review or
5-44 investigation of the complaint; and
5-45 (6) an explanation of the reason the file was closed,
5-46 if the agency closed the file without taking action other than to
5-47 investigate the complaint.
5-48 (d) The department shall provide a written copy of the
5-49 department's policies and procedures relating to complaint
5-50 investigation and resolution to:
5-51 (1) all department employees; and
5-52 (2) each person filing a complaint.
5-53 (e) The [If a written complaint is filed with the department
5-54 by a member of the general public that relates to the operations of
5-55 the department, the] department, at least [as frequently as]
5-56 quarterly [and] until final disposition of the complaint, shall
5-57 notify the person filing the complaint [complainant] of the status
5-58 of the investigation [complaint] unless the notice would jeopardize
5-59 an undercover investigation.
5-60 SECTION 1.12. Subdivision (2), Subsection (b), Section
5-61 497.001, Government Code, is amended to read as follows:
5-62 (2) "Articles and products" includes [include]
5-63 services provided through the use of work program participant
5-64 [inmate] labor.
5-65 SECTION 1.13. Subsection (b), Section 497.001, Government
5-66 Code, is amended by adding Subdivision (3) to read as follows:
5-67 (3) "Work program participant" means a person who:
5-68 (A) is an inmate confined in a facility operated
5-69 by or under contract with the department or a defendant or releasee
6-1 housed in a facility operated by or under contract with the
6-2 department; and
6-3 (B) works at a job assigned by the office.
6-4 SECTION 1.14. Subsection (a), Section 497.002, Government
6-5 Code, is amended to read as follows:
6-6 (a) The purposes of the office are to implement this
6-7 subchapter and Subchapter B to:
6-8 (1) provide work program participants with marketable
6-9 job skills to help reduce recidivism through a coordinated program
6-10 of job skills training, documentation of work history, and access
6-11 to resources provided by Project RIO and the Texas Workforce
6-12 Commission; and [adequate, regular, and suitable employment for the
6-13 vocational training and rehabilitation of inmates, consistent with
6-14 proper correctional purposes;]
6-15 (2) reduce department costs by providing products and
6-16 articles for the department and providing [use the labor of inmates
6-17 for self-maintenance;]
6-18 [(3) reimburse the state for expenses caused by the
6-19 crimes of inmates and the cost of their imprisonment;]
6-20 [(4) provide for the requisition and disbursement of
6-21 department articles and products through established state
6-22 authorities to eliminate the possibility of unlawful private profit
6-23 from the distribution of those articles and products;]
6-24 [(5) provide materials,] products[,] or articles for
6-25 sale on a for-profit basis to the public[, to private enterprises,]
6-26 or to agencies of the state or political subdivisions of the
6-27 state[; and]
6-28 [(6) develop and expand public and private prison
6-29 industry operations].
6-30 SECTION 1.15. Subsection (c), Section 497.003, Government
6-31 Code, is amended to read as follows:
6-32 (c) The prison industries advisory committee shall advise
6-33 the board on all aspects of prison industry operations[,] and shall
6-34 make recommendations to the board on the effective use of prison
6-35 industries programs to assist work program participants [inmates]
6-36 in the development of job skills necessary for successful
6-37 reintegration into the community after release from imprisonment.
6-38 SECTION 1.16. Section 497.004, Government Code, is amended
6-39 to read as follows:
6-40 Sec. 497.004. [INMATE] LABOR, PAY. (a) [The department
6-41 shall use inmate labor in prison industries to the greatest extent
6-42 feasible and shall develop and expand prison industries by pursuing
6-43 arrangements with business for the use of inmate labor.]
6-44 [(b)] The board may develop by rule and the department may
6-45 administer an incentive pay scale for work program participants
6-46 consistent with rules adopted by the Private Sector Prison
6-47 Industries Oversight Authority under Subchapter C [inmates who
6-48 participate in prison industries]. Prison industries may be
6-49 financed through contributions donated for this purpose by private
6-50 businesses contracting with the department. The department shall
6-51 apportion pay earned by a work program participant [an inmate] in
6-52 the same manner as is required by rules adopted by the Private
6-53 Sector Prison Industries Oversight Authority under Section 497.0581
6-54 [497.051].
6-55 (b) [(c)] In assigning work program participants [inmates]
6-56 to available job training positions in [prison] factories, the
6-57 department shall consider each participant's classification and
6-58 availability for work. The department shall give priority to work
6-59 program participants closest to release from imprisonment or
6-60 supervision in making assignment to those job training positions
6-61 that provide the most marketable skills [inmate's needs and
6-62 projected release date].
6-63 SECTION 1.17. Section 497.005, Government Code, is amended
6-64 to read as follows:
6-65 Sec. 497.005. INDUSTRIAL RECEIPTS [REVOLVING ACCOUNT].
6-66 [(a) The legislature may appropriate money to an industrial
6-67 revolving account in the general revenue fund.]
6-68 [(b) The office shall administer the industrial revolving
6-69 account.]
7-1 [(c)] The office may use money appropriated to the office in
7-2 amounts corresponding to receipts from the sale of articles and
7-3 products under this subchapter and Subchapter B [in the industrial
7-4 revolving account] to purchase real property, erect buildings,
7-5 improve facilities, buy equipment and tools, install or replace
7-6 equipment, buy industrial raw materials and supplies, and pay for
7-7 other necessary expenses for the administration of this subchapter
7-8 and Subchapter B.
7-9 [(d) The office shall remit money received from the sale of
7-10 articles and products produced under this subchapter and Subchapter
7-11 B to the comptroller to be deposited in the industrial revolving
7-12 account.]
7-13 [(e) When the governor and the Legislative Budget Board
7-14 determine that the industrial revolving account contains money in
7-15 an amount that exceeds the amount necessary for the administration
7-16 of this subchapter and Subchapter B, the governor and the
7-17 Legislative Budget Board shall certify that fact to the
7-18 comptroller, who shall transfer the excess amount to the
7-19 unobligated portion of the general revenue fund.]
7-20 [(f) Section 403.095, Government Code, does not apply to the
7-21 industrial revolving account.]
7-22 SECTION 1.18. Section 497.006, Government Code, is amended
7-23 to read as follows:
7-24 Sec. 497.006. CONTRACTS WITH PRIVATE BUSINESS. To encourage
7-25 the development and expansion of prison industries, the prison
7-26 industries office may enter into necessary contracts related to the
7-27 prison industries program. With the approval of the board, the
7-28 office may enter into a contract with a private business to conduct
7-29 a program on or off property operated by the department. A
7-30 contract entered into under this section must comply with the
7-31 Private Sector/Prison Industry Enhancement Certification Program
7-32 operated by the Bureau of Justice Assistance and authorized by 18
7-33 U.S.C. Section 1761. In determining under Section 497.062
7-34 [497.051] the number of participants participating [inmates
7-35 employed] in private sector prison industries [conditional work]
7-36 programs, the department shall count the number of work program
7-37 participants [inmates] participating in a [work] program under a
7-38 contract entered into under this section. Not more than 250 work
7-39 program participants [inmates] may participate in [work] programs
7-40 under contracts entered into under this section.
7-41 SECTION 1.19. Section 497.007, Government Code, is amended
7-42 to read as follows:
7-43 Sec. 497.007. GRANTS. The office may accept any grant
7-44 designated for work program participant [inmate] vocational
7-45 rehabilitation. The office shall maintain records relating to the
7-46 receipt and disbursement of grant funds[,] and shall annually
7-47 report to the board on the administration of grant funds.
7-48 SECTION 1.20. Section 497.009, Government Code, is amended
7-49 to read as follows:
7-50 Sec. 497.009. CERTIFICATION FOR FRANCHISE TAX CREDIT. The
7-51 department or the office on behalf of the department shall prepare
7-52 and issue a certification that a corporation requires to establish
7-53 eligibility for the franchise tax credit for wages paid to work
7-54 program participants [inmates] or employees who were work program
7-55 participants [inmates] under Subchapter L, Chapter 171, Tax Code.
7-56 SECTION 1.21. Subsection (a), Section 497.025, Government
7-57 Code, is amended to read as follows:
7-58 (a) An agency of the state that purchases articles and
7-59 products under this subchapter must requisition the purchase
7-60 through the General Services Commission except for purchases of
7-61 articles or products not included in an established contract. The
7-62 purchase of articles or products not included in an established
7-63 contract and that do not exceed the dollar limits established under
7-64 Section 2155.132 may be acquired directly from the office on the
7-65 agency's obtaining an informal or a formal quotation for the item
7-66 and issuing a proper purchase order to the office. The General
7-67 Services Commission and the department shall enter into an
7-68 agreement to expedite the process by which agencies are required to
7-69 requisition purchases of articles or products through the
8-1 commission.
8-2 SECTION 1.22. Subsection (b), Section 497.051, Government
8-3 Code, is amended to read as follows:
8-4 (b) In this subchapter:
8-5 (1) "Authority"[, "authority"] means the Private
8-6 Sector Prison Industries Oversight Authority.
8-7 (2) "Participant" means a participant in a private
8-8 sector prison industries program.
8-9 SECTION 1.23. Subsection (a), Section 497.058, Government
8-10 Code, is amended to read as follows:
8-11 (a) The authority by rule shall require that participants
8-12 [inmate employees] at each private sector prison industries program
8-13 be [are] paid not less than the prevailing wage as computed by the
8-14 authority, except that the authority may permit employers to pay a
8-15 participant [an employee] the minimum wage for the two-month period
8-16 beginning on the date participation [employment] begins.
8-17 SECTION 1.24. Section 497.0581, Government Code, is amended
8-18 to read as follows:
8-19 Sec. 497.0581. PARTICIPANT [INMATE] CONTRIBUTIONS. The
8-20 authority by rule shall require a participant [an inmate] to
8-21 contribute a percentage of the wages received by the participant
8-22 [inmate] under this subchapter to be deposited in the private
8-23 sector prison industries oversight account. In establishing the
8-24 percentage of the wages required to be contributed by participants
8-25 [inmates] under this section, the authority shall ensure that the
8-26 percentage does not place the private sector prison industries
8-27 programs in the department in noncompliance with the federal prison
8-28 enhancement certification program established under 18 U.S.C.
8-29 Section 1761.
8-30 SECTION 1.25. Section 497.060, Government Code, is amended
8-31 to read as follows:
8-32 Sec. 497.060. WORKERS' COMPENSATION. The authority by rule
8-33 shall require private sector prison industries program employers to
8-34 meet or exceed all federal requirements for providing compensation
8-35 to participants [inmates] injured while working.
8-36 SECTION 1.26. Section 497.061, Government Code, is amended
8-37 to read as follows:
8-38 Sec. 497.061. RECIDIVISM STUDIES. The authority, with the
8-39 cooperation of the Criminal Justice Policy Council, shall gather
8-40 data to determine whether participation in a private sector prison
8-41 industries program is a factor that reduces recidivism among
8-42 participants [inmates].
8-43 SECTION 1.27. Section 497.062, Government Code, is amended
8-44 to read as follows:
8-45 Sec. 497.062. LIMITATION ON NUMBER OF PARTICIPANTS. The
8-46 authority may certify any number of private sector prison
8-47 industries programs that meet or exceed the requirements of federal
8-48 law and the rules of the authority, but in no event may the
8-49 authority permit more than 1,500 participants [inmates to
8-50 participate] in the program at any one time.
8-51 SECTION 1.28. Subsection (a), Section 497.094, Government
8-52 Code, is amended to read as follows:
8-53 (a) The department shall implement a job training program
8-54 [programs] for each job performed by an inmate [inmates] confined
8-55 in a facility [facilities] operated by or under contract with the
8-56 department or a defendant or releasee housed in a facility operated
8-57 by or under contract with the department and monitor the success of
8-58 those programs. The department shall also establish a permanent
8-59 record for each inmate, defendant, or releasee. The record must
8-60 describe the types of job training provided to the inmate,
8-61 defendant, or releasee by the department. On release from
8-62 imprisonment or supervision, the department shall provide the
8-63 inmate, defendant, or releasee with a copy of the record. The
8-64 department shall collect information relating to the employment
8-65 histories of inmates released from the institutional division on
8-66 parole and mandatory supervision.
8-67 SECTION 1.29. Section 497.095, Government Code, is amended
8-68 to read as follows:
8-69 Sec. 497.095. INMATE'S WORK RECORD. The department
9-1 [institutional division] shall establish a permanent record for
9-2 each inmate confined, and for each defendant or releasee housed, in
9-3 a facility operated by or under contract with the department [in
9-4 the division] who participates in a department work [an on-the-job
9-5 training] program [of the division]. The record must describe the
9-6 type or types of work performed by the inmate, defendant, or
9-7 releasee during the person's [inmate's] confinement or supervision
9-8 and must contain evaluations of the performance of and [inmate's]
9-9 proficiency at tasks assigned and a record of the [inmate's]
9-10 attendance at work by the inmate, defendant, or releasee. On
9-11 release from imprisonment or supervision, the department shall
9-12 provide the [institutional division, an] inmate, defendant, or
9-13 releasee with [is entitled to] a copy of a record made by the
9-14 department [division] under this section.
9-15 SECTION 1.30. Subchapter E, Chapter 497, Government Code, is
9-16 amended by adding Section 497.099 to read as follows:
9-17 Sec. 497.099. PARTICIPATION IN WORK PROGRAM REQUIRED. The
9-18 department shall require each inmate and each defendant or releasee
9-19 housed in a facility operated by or under contract with the
9-20 department to work in an agricultural, industrial, or other work
9-21 program to the extent that the inmate, defendant, or releasee is
9-22 physically and mentally capable of working. The department may
9-23 waive the work requirement for an inmate, defendant, or releasee as
9-24 necessary to maintain security or to permit the inmate, defendant,
9-25 or releasee to participate in rehabilitative programming.
9-26 SECTION 1.31. (a) Subsection (a), Section 498.003,
9-27 Government Code, is amended to read as follows:
9-28 (a) Good conduct time applies only to eligibility for parole
9-29 or mandatory supervision as provided by Section 508.145 or 508.147
9-30 and does not otherwise affect an inmate's term. Good conduct time
9-31 is a privilege and not a right. Regardless of the classification
9-32 of an inmate, the department may grant good conduct time to the
9-33 inmate only if the department finds that the inmate is actively
9-34 engaged in an agricultural, vocational, or educational endeavor,
9-35 [or] in an industrial program or other work program, or in a
9-36 treatment program, unless the department finds that the inmate is
9-37 not capable of participating in such a program or [an] endeavor.
9-38 (b) Subsection (f), Section 498.003, Government Code, is
9-39 repealed.
9-40 (c) The change in law to Section 498.003, Government Code,
9-41 made by this section applies to an inmate serving a sentence in the
9-42 Texas Department of Criminal Justice on or after the effective date
9-43 of this Act, regardless of whether the inmate committed the offense
9-44 for which the inmate is serving the sentence before, on, or after
9-45 the effective date of this Act.
9-46 SECTION 1.32. Section 509.011, Government Code, is amended
9-47 by adding Subsections (g) and (h) to read as follows:
9-48 (g) If the Texas Department of Criminal Justice determines
9-49 that at the end of a biennium a department maintains in reserve an
9-50 amount greater than two months' basic supervision operating costs
9-51 for the department, the Texas Department of Criminal Justice in the
9-52 succeeding biennium may reduce the amount of per capita and formula
9-53 funding provided under Subsection (a) so that in the succeeding
9-54 biennium the department's reserves do not exceed two months' basic
9-55 supervision operating costs. The Texas Department of Criminal
9-56 Justice may adopt policies and standards permitting a department to
9-57 maintain reserves in an amount greater than otherwise permitted by
9-58 this subsection as necessary to cover emergency costs or implement
9-59 new programs with the approval of the Texas Department of Criminal
9-60 Justice. The Texas Department of Criminal Justice may distribute
9-61 unallocated per capita or formula funds to provide supplemental
9-62 funds to individual departments to further the purposes of this
9-63 chapter.
9-64 (h) A community supervision and corrections department at
9-65 any time may transfer to the Texas Department of Criminal Justice
9-66 any unencumbered state funds held by the department. The Texas
9-67 Department of Criminal Justice may distribute funds received from a
9-68 community supervision and corrections department under this
9-69 subsection to provide supplemental funds to individual departments
10-1 to further the purposes of this chapter.
10-2 SECTION 1.33. Subdivision (8), Section 2251.001, Government
10-3 Code, is amended to read as follows:
10-4 (8) "Vendor" means a person who supplies goods or
10-5 services to a governmental entity. The term includes Texas
10-6 Correctional Industries.
10-7 SECTION 1.34. Subsection (a), Section 8, Article 42.09, Code
10-8 of Criminal Procedure, is amended to read as follows:
10-9 (a) A county that transfers a defendant to the Texas
10-10 Department of Criminal Justice under this article shall deliver to
10-11 an officer designated by the department:
10-12 (1) a copy of the judgment entered pursuant to Article
10-13 42.01 of this code, completed on a standardized felony judgment
10-14 form described by Section 4 of that article;
10-15 (2) a copy of any order revoking community supervision
10-16 and imposing sentence pursuant to Section 23, Article 42.12, of
10-17 this code, including:
10-18 (A) any amounts owed for restitution, fines, and
10-19 court costs, completed on a standardized felony judgment form
10-20 described by Section 4, Article 42.01, of this code; and
10-21 (B) a copy of the client supervision plan
10-22 prepared for the defendant by the community supervision and
10-23 corrections department supervising the defendant, if such a plan
10-24 was prepared;
10-25 (3) a written report that states the nature and the
10-26 seriousness of each offense and that states the citation to the
10-27 provision or provisions of the Penal Code or other law under which
10-28 the defendant was convicted;
10-29 (4) a copy of the victim impact statement, if one has
10-30 been prepared in the case under Article 56.03 of this code;
10-31 (5) a statement as to whether there was a change in
10-32 venue in the case and, if so, the names of the county prosecuting
10-33 the offense and the county in which the case was tried;
10-34 (6) a copy of the record of arrest for each offense;
10-35 (7) if requested, information regarding the criminal
10-36 history of the defendant, including the defendant's state
10-37 identification number if the number has been issued;
10-38 (8) a copy of the indictment or information for each
10-39 offense;
10-40 (9) a checklist sent by the department to the county
10-41 and completed by the county in a manner indicating that the
10-42 documents required by this subsection and Subsection (c) of this
10-43 section accompany the defendant; and
10-44 (10) if prepared, a copy of a presentence or
10-45 postsentence investigation report prepared under Section 9, Article
10-46 42.12 of this code.
10-47 SECTION 1.35. Subsection (k), Section 9, Article 42.12, Code
10-48 of Criminal Procedure, is amended to read as follows:
10-49 (k) If a presentence report in a felony case is not required
10-50 under this section, the judge may [shall] direct the officer to
10-51 prepare a postsentence report containing the same information that
10-52 would have been required for the presentence report, other than a
10-53 proposed client supervision plan and any information that is
10-54 reflected in the judgment. If the postsentence report is ordered,
10-55 the [The] officer shall send the [postsentence] report to the clerk
10-56 of the court not later than the 30th day after the date on which
10-57 sentence is pronounced or deferred adjudication is granted, and the
10-58 clerk shall deliver the postsentence report with the papers in the
10-59 case to a designated officer of the Texas Department of Criminal
10-60 Justice, as described [required] by Section 8(a), Article 42.09.
10-61 SECTION 1.36. Section 14, Article 42.12, Code of Criminal
10-62 Procedure, as amended by Chapter 321, Acts of the 74th Legislature,
10-63 Regular Session, 1995, is amended by amending Subsection (c) and
10-64 adding Subsection (e) to read as follows:
10-65 (c) If a judge requires as a condition of community
10-66 supervision that the defendant serve a term of confinement and
10-67 treatment in a substance abuse treatment facility under this
10-68 section, the judge shall also require as a condition of community
10-69 supervision that on release from the facility the defendant:
11-1 (1) participate in a drug or alcohol abuse continuum
11-2 of care treatment plan; and
11-3 (2) pay a fee in an amount established by the judge
11-4 for residential aftercare required as part of the treatment plan.
11-5 (e) The clerk of a court that collects a fee imposed under
11-6 Subsection (c)(2) shall remit the fee to the comptroller, and the
11-7 comptroller shall deposit the fee into the general revenue fund.
11-8 In requiring the payment of a fee under Subsection (c)(2), the
11-9 judge shall consider fines, fees, and other necessary expenses for
11-10 which the defendant is obligated in establishing the amount of the
11-11 fee. The judge may not:
11-12 (1) establish the fee in an amount that is greater
11-13 than 25 percent of the defendant's gross income while the defendant
11-14 is a participant in residential aftercare; or
11-15 (2) require the defendant to pay the fee at any time
11-16 other than a time at which the defendant is both employed and a
11-17 participant in residential aftercare.
11-18 SECTION 1.37. Subdivision (2), Section 171.651, Tax Code, is
11-19 amended to read as follows:
11-20 (2) "Work program participant" has the meaning
11-21 assigned by Section 497.001(b) ["Inmate" means an inmate in a
11-22 prison industries program operated by the prison industries office
11-23 of the department under Subchapter A, Chapter 497], Government
11-24 Code.
11-25 SECTION 1.38. Section 171.653, Tax Code, is amended to read
11-26 as follows:
11-27 Sec. 171.653. CREDIT FOR WAGES PAID TO WORK PROGRAM
11-28 PARTICIPANT [INMATE]. (a) The amount of the credit for wages paid
11-29 by a corporation to a work program participant [an inmate] is equal
11-30 to 10 percent of that portion of the wages paid that the department
11-31 apportions to the state [under Section 497.004(b)(3), Government
11-32 Code,] as reimbursement for the cost of the participant's
11-33 [inmate's] confinement.
11-34 (b) A corporation is eligible for the credit under this
11-35 section only if it receives before the due date of its franchise
11-36 tax report for the privilege period for which the credit is claimed
11-37 a written certification from the department stating the amount of
11-38 the wages that the corporation paid to a work program participant
11-39 [an inmate] during the privilege period and the amount of those
11-40 wages that the department apportioned to the state as reimbursement
11-41 for the cost of the participant's [inmate's] confinement.
11-42 (c) A corporation is eligible for the credit under this
11-43 section only if the work program participant [inmate] for whom it
11-44 is paid has been continuously employed for not less than six
11-45 months.
11-46 SECTION 1.39. Section 171.654, Tax Code, is amended to read
11-47 as follows:
11-48 Sec. 171.654. CREDIT FOR WAGES PAID TO EMPLOYEE WHO WAS WORK
11-49 PROGRAM PARTICIPANT [AN INMATE]. (a) The amount of the credit for
11-50 wages paid by a corporation to an employee who was employed by the
11-51 corporation when the employee was a work program participant [an
11-52 inmate] is equal to 10 percent of that portion of the wages paid
11-53 that, were the employee still a participant [an inmate], the
11-54 department would apportion to the state [under Section
11-55 497.004(b)(3), Government Code,] as reimbursement for the cost of
11-56 the participant's [inmate's] confinement.
11-57 (b) A corporation is eligible for the credit under this
11-58 section only if:
11-59 (1) the employee who was formerly a work program
11-60 participant [an inmate] was continuously employed for not less than
11-61 six months while a participant [an inmate] and has been
11-62 continuously employed by the corporation for at least one year
11-63 after the date that the employee was released from prison or
11-64 department supervision;
11-65 (2) the nature of the employment is substantially
11-66 similar to the employment the employee had with the corporation
11-67 when the employee was a work program participant [an inmate] or the
11-68 employment requires more skills or provides greater opportunities
11-69 for the employee;
12-1 (3) the corporation has provided the department a
12-2 statement of the amount of wages paid the employee during the
12-3 accounting period on which the credit is computed; and
12-4 (4) the corporation receives before the due date of
12-5 its franchise tax report for the privilege period for which the
12-6 credit is claimed a written certification from the department
12-7 stating the amount of the wages that, were the employee still a
12-8 work program participant [an inmate], the department would have
12-9 apportioned to the state as reimbursement for the cost of the
12-10 participant's [inmate's] confinement.
12-11 (c) A corporation may claim a credit under this section only
12-12 for:
12-13 (1) wages paid an employee after the employee has been
12-14 employed by the corporation for more than one year after the date
12-15 of the employee's release from prison or supervision; and
12-16 (2) wages paid the employee for not longer than one
12-17 year.
12-18 SECTION 1.40. The heading of Subchapter L, Chapter 171, Tax
12-19 Code, is amended to read as follows:
12-20 SUBCHAPTER L. TAX CREDIT FOR WAGES PAID TO
12-21 TEXAS DEPARTMENT OF CRIMINAL JUSTICE WORK PROGRAM
12-22 PARTICIPANTS [INMATES] OR FORMER PARTICIPANTS [INMATES]
12-23 SECTION 1.41. Section 497.090, Government Code, is repealed.
12-24 ARTICLE 2
12-25 SECTION 2.01. Section 497.052, Government Code, is amended
12-26 by adding Subsections (c) and (d) to read as follows:
12-27 (c) A person may not be a public member of the authority if
12-28 the person or the person's spouse:
12-29 (1) is employed by or participates in the management
12-30 of a business entity or other organization regulated by or
12-31 receiving money from the authority;
12-32 (2) owns or controls, directly or indirectly, more
12-33 than a 10 percent interest in a business entity or other
12-34 organization regulated by or receiving money from the authority; or
12-35 (3) uses or receives a substantial amount of tangible
12-36 goods, services, or money from the authority other than
12-37 compensation or reimbursement authorized by law for authority
12-38 membership, attendance, or expenses.
12-39 (d) Appointments to the authority shall be made without
12-40 regard to the race, color, disability, sex, religion, age, or
12-41 national origin of the appointees.
12-42 SECTION 2.02. Subchapter C, Chapter 497, Government Code, is
12-43 amended by adding Sections 497.0521 through 497.0527 to read as
12-44 follows:
12-45 Sec. 497.0521. CONFLICTS OF INTEREST. (a) In this section,
12-46 "Texas trade association" means a cooperative and voluntarily
12-47 joined association of business or professional competitors in this
12-48 state designed to assist its members and its industry or profession
12-49 in dealing with mutual business or professional problems and in
12-50 promoting their common interest.
12-51 (b) A person may not be a member of the authority and may
12-52 not be an authority employee employed in a "bona fide executive,
12-53 administrative, or professional capacity," as that phrase is used
12-54 for purposes of establishing an exemption to the overtime
12-55 provisions of the federal Fair Labor Standards Act of 1938 (29
12-56 U.S.C. Section 201 et seq.) and its subsequent amendments, if:
12-57 (1) the person is an officer, employee, or paid
12-58 consultant of a Texas trade association in the field of private
12-59 sector prison industries; or
12-60 (2) the person's spouse is an officer, manager, or
12-61 paid consultant of a Texas trade association in the field of
12-62 private sector prison industries.
12-63 (c) A person may not be a member of the authority or act as
12-64 the general counsel to the authority if the person is required to
12-65 register as a lobbyist under Chapter 305 because of the person's
12-66 activities for compensation on behalf of a profession related to
12-67 the operation of the authority.
12-68 Sec. 497.0522. REMOVAL PROVISIONS. (a) It is a ground for
12-69 removal from the authority that a member:
13-1 (1) does not have at the time of taking office the
13-2 qualifications required by Section 497.052(a);
13-3 (2) does not maintain during service on the authority
13-4 the qualifications required by Section 497.052(a);
13-5 (3) is ineligible for membership under Section
13-6 497.052(c) or 497.0521(b) or (c);
13-7 (4) cannot, because of illness or disability,
13-8 discharge the member's duties for a substantial part of the
13-9 member's term; or
13-10 (5) is absent from more than half of the regularly
13-11 scheduled authority meetings that the member is eligible to attend
13-12 during a calendar year without an excuse approved by a majority
13-13 vote of the authority.
13-14 (b) The validity of an action of the authority is not
13-15 affected by the fact that it is taken when a ground for removal of
13-16 an authority member exists.
13-17 (c) If the executive director has knowledge that a potential
13-18 ground for removal exists, the executive director shall notify the
13-19 presiding officer of the authority of the potential ground. The
13-20 presiding officer shall then notify the governor and the attorney
13-21 general that a potential ground for removal exists. If the
13-22 potential ground for removal involves the presiding officer, the
13-23 executive director shall notify the next highest ranking officer of
13-24 the authority, who shall then notify the governor and the attorney
13-25 general that a potential ground for removal exists.
13-26 Sec. 497.0523. INFORMATION: REQUIREMENTS FOR OFFICE OR
13-27 EMPLOYMENT. The executive director or the executive director's
13-28 designee shall provide to members of the authority and to agency
13-29 employees, as often as necessary, information regarding the
13-30 requirements for office or employment under this subchapter,
13-31 including information regarding a person's responsibilities under
13-32 applicable laws relating to standards of conduct for state officers
13-33 or employees.
13-34 Sec. 497.0524. TRAINING PROGRAM. (a) A person who is
13-35 appointed to and qualifies for office as a member of the authority
13-36 may not vote, deliberate, or be counted as a member in attendance
13-37 at a meeting of the authority until the person completes a training
13-38 program that complies with this section.
13-39 (b) The training program must provide the person with
13-40 information regarding:
13-41 (1) the legislation that created the authority;
13-42 (2) the programs operated by the authority;
13-43 (3) the role and functions of the authority;
13-44 (4) the rules of the authority;
13-45 (5) the current budget for the authority;
13-46 (6) the results of the most recent formal audit of the
13-47 authority;
13-48 (7) the requirements of:
13-49 (A) the open meetings law, Chapter 551;
13-50 (B) the public information law, Chapter 552;
13-51 (C) the administrative procedure law, Chapter
13-52 2001; and
13-53 (D) other laws relating to public officials,
13-54 including conflict of interest laws; and
13-55 (8) any applicable ethics policies adopted by the
13-56 department or the Texas Ethics Commission.
13-57 (c) A person appointed to the authority is entitled to
13-58 reimbursement, as provided by the General Appropriations Act, for
13-59 the travel expenses incurred in attending the training program
13-60 regardless of whether the attendance at the program occurs before
13-61 or after the person qualifies for office.
13-62 Sec. 497.0525. POLICYMAKING AND MANAGEMENT RESPONSIBILITIES.
13-63 The authority shall develop and implement policies that clearly
13-64 separate the policymaking responsibilities of the authority and the
13-65 management responsibilities of the staff of the authority.
13-66 Sec. 497.0526. PUBLIC ACCESS. The authority shall develop
13-67 and implement policies that provide the public with a reasonable
13-68 opportunity to appear before the authority and to speak on any
13-69 issue under the jurisdiction of the authority.
14-1 Sec. 497.0527. COMPLAINTS. (a) The authority shall
14-2 maintain a file on each written complaint filed with the authority.
14-3 The file must include:
14-4 (1) the name of the person who filed the complaint;
14-5 (2) the date the complaint is received by the
14-6 authority;
14-7 (3) the subject matter of the complaint;
14-8 (4) the name of each person contacted in relation to
14-9 the complaint;
14-10 (5) a summary of the results of the review or
14-11 investigation of the complaint; and
14-12 (6) an explanation of the reason the file was closed,
14-13 if the authority closed the file without taking action other than
14-14 to investigate the complaint.
14-15 (b) The authority shall provide to the person filing the
14-16 complaint and to each person who is a subject of the complaint a
14-17 copy of the authority's policies and procedures relating to
14-18 complaint investigation and resolution.
14-19 (c) The authority, at least quarterly until final
14-20 disposition of the complaint, shall notify the person filing the
14-21 complaint and each person who is a subject of the complaint of the
14-22 status of the investigation unless the notice would jeopardize an
14-23 undercover investigation.
14-24 ARTICLE 3
14-25 SECTION 3.01. Section 614.002, Health and Safety Code, is
14-26 amended to read as follows:
14-27 Sec. 614.002. COMPOSITION OF COUNCIL. (a) The Texas
14-28 Council on Offenders with Mental Impairments is composed of 30 [29]
14-29 members.
14-30 (b) The governor shall appoint, with the advice and consent
14-31 of the senate:
14-32 (1) four at-large members who have expertise in mental
14-33 health, mental retardation, or developmental disabilities, one of
14-34 whom must be a psychiatrist;
14-35 (2) one at-large member who is the judge of a court
14-36 with criminal jurisdiction;
14-37 (3) one at-large member who is a prosecuting attorney;
14-38 (4) one at-large member who is a criminal defense
14-39 attorney;
14-40 (5) one at-large member from an established pretrial
14-41 services agency; and
14-42 (6) one at-large member who has expertise in the
14-43 criminal justice system.
14-44 (c) A person may not be an at-large member of the council if
14-45 the person or the person's spouse:
14-46 (1) is employed by or participates in the management
14-47 of a business entity or other organization regulated by or
14-48 receiving money from the council;
14-49 (2) owns or controls, directly or indirectly, more
14-50 than a 10 percent interest in a business entity or other
14-51 organization regulated by or receiving money from the council; or
14-52 (3) uses or receives a substantial amount of tangible
14-53 goods, services, or money from the council other than compensation
14-54 or reimbursement authorized by law for council membership,
14-55 attendance, or expenses.
14-56 (d) A person may not be a member of the council or act as
14-57 the general counsel to the council if the person is required to
14-58 register as a lobbyist under Chapter 305, Government Code, because
14-59 of the person's activities for compensation on behalf of a
14-60 profession related to the operation of the council.
14-61 (e) The executive head of each of the following agencies,
14-62 divisions of agencies, or associations, or that person's designated
14-63 representative, shall serve as a member of the council:
14-64 (1) the institutional division of the Texas Department
14-65 of Criminal Justice;
14-66 (2) the Texas Department of Mental Health and Mental
14-67 Retardation;
14-68 (3) the pardons and paroles division of the Texas
14-69 Department of Criminal Justice;
15-1 (4) the community justice assistance division of the
15-2 Texas Department of Criminal Justice;
15-3 (5) the state jail division of the Texas Department of
15-4 Criminal Justice;
15-5 (6) the Texas Juvenile Probation Commission;
15-6 (7) the Texas Youth Commission;
15-7 (8) the Texas Rehabilitation Commission;
15-8 (9) the Texas Education Agency;
15-9 (10) the Criminal Justice Policy Council;
15-10 (11) the Mental Health Association in Texas;
15-11 (12) the Texas Commission on Alcohol and Drug Abuse;
15-12 (13) the Commission on Law Enforcement Officer
15-13 Standards and Education;
15-14 (14) the Texas Council of Community Mental Health and
15-15 Mental Retardation Centers;
15-16 (15) the Commission on Jail Standards;
15-17 (16) the Texas Planning Council for Developmental
15-18 Disabilities;
15-19 (17) the Texas Association for Retarded Citizens;
15-20 (18) the Texas Alliance for the Mentally Ill;
15-21 (19) the Parent Association for the Retarded of Texas,
15-22 Inc.;
15-23 (20) the Texas Department of Human Services; and
15-24 (21) the Texas Department on Aging.
15-25 (f) [(d)] In making the appointments under Subsection (b),
15-26 the governor shall attempt to reflect the geographic and economic
15-27 diversity of the state. Appointments to the council shall be made
15-28 without regard to the race, color, disability, sex, religion, age,
15-29 or national origin of the appointees.
15-30 (g) It is a ground for removal from the council that an
15-31 at-large member:
15-32 (1) does not have at the time of taking office the
15-33 qualifications required by Subsections (b), (c), and (k);
15-34 (2) does not maintain during service on the council
15-35 the qualifications required by Subsections (b), (c), and (k);
15-36 (3) is ineligible for membership under Subsection (c)
15-37 or (d);
15-38 (4) cannot, because of illness or disability,
15-39 discharge the member's duties for a substantial part of the
15-40 member's term;
15-41 (5) is absent from more than half of the regularly
15-42 scheduled council meetings that the member is eligible to attend
15-43 during a calendar year without an excuse approved by a majority
15-44 vote of the council; or
15-45 (6) is absent from more than two consecutive regularly
15-46 scheduled council meetings that the member is eligible to attend.
15-47 (h) The validity of an action of the council is not affected
15-48 by the fact that it is taken when a ground for removal of a council
15-49 member exists.
15-50 (i) If the director of the council has knowledge that a
15-51 potential ground for removal exists, the director shall notify the
15-52 presiding officer of the council of the potential ground. The
15-53 presiding officer shall then notify the governor and the attorney
15-54 general that a potential ground for removal exists. If the
15-55 potential ground for removal involves the presiding officer, the
15-56 director shall notify the next highest ranking officer of the
15-57 council, who shall then notify the governor and the attorney
15-58 general that a potential ground for removal exists.
15-59 (j) [(e) It is a ground for removal if an at large member:]
15-60 [(1) is not eligible for appointment at the time of
15-61 appointment as provided by Subsections (b) and (g);]
15-62 [(2) is absent from more than half of the regularly
15-63 scheduled council meetings that the member is eligible to attend
15-64 during each calendar year; or]
15-65 [(3) is absent from more than two consecutive
15-66 regularly scheduled council meetings that the member is eligible to
15-67 attend.]
15-68 [(f)] A representative designated by the executive head of a
15-69 state agency must be an officer or employee of the agency when
16-1 designated and while serving on the council, except the
16-2 representative designated by the director of the Criminal Justice
16-3 Policy Council must be an employee of that council.
16-4 (k) [(g)] Members who are not associated with a state agency
16-5 or division must have expertise in the rehabilitation of persons
16-6 with mental illness, mental retardation, or a developmental
16-7 disability when appointed or designated and while serving on the
16-8 council.
16-9 SECTION 3.02. Chapter 614, Health and Safety Code, is
16-10 amended by adding Sections 614.003 and 614.0031 to read as follows:
16-11 Sec. 614.003. INFORMATION: REQUIREMENTS FOR OFFICE OR
16-12 EMPLOYMENT. The executive director of the Texas Department of
16-13 Criminal Justice or the executive director's designee shall
16-14 provide to members of the council and to agency employees, as often
16-15 as necessary, information regarding the requirements for office or
16-16 employment under this chapter, including information regarding a
16-17 person's responsibilities under applicable laws relating to
16-18 standards of conduct for state officers or employees.
16-19 Sec. 614.0031. TRAINING PROGRAM. (a) A person who is
16-20 appointed to and qualifies for office as a member of the council
16-21 may not vote, deliberate, or be counted as a member in attendance
16-22 at a meeting of the council until the person completes a training
16-23 program that complies with this section.
16-24 (b) The training program must provide the person with
16-25 information regarding:
16-26 (1) the legislation that created the council;
16-27 (2) the programs operated by the council;
16-28 (3) the role and functions of the council;
16-29 (4) the rules of the council;
16-30 (5) the current budget for the council;
16-31 (6) the results of the most recent formal audit of the
16-32 council;
16-33 (7) the requirements of:
16-34 (A) the open meetings law, Chapter 551,
16-35 Government Code;
16-36 (B) the public information law, Chapter 552,
16-37 Government Code;
16-38 (C) the administrative procedure law, Chapter
16-39 2001, Government Code; and
16-40 (D) other laws relating to public officials,
16-41 including conflict of interest laws; and
16-42 (8) any applicable ethics policies adopted by the
16-43 council or the Texas Ethics Commission.
16-44 (c) A person appointed to the council is entitled to
16-45 reimbursement, as provided by the General Appropriations Act, for
16-46 the travel expenses incurred in attending the training program
16-47 regardless of whether the attendance at the program occurs before
16-48 or after the person qualifies for office.
16-49 SECTION 3.03. Subsection (a), Section 614.005, Health and
16-50 Safety Code, is amended to read as follows:
16-51 (a) The governor shall designate a member of the council as
16-52 the presiding officer of the council to serve in that capacity at
16-53 the pleasure of the governor [council shall elect a presiding
16-54 officer from its members at the first meeting of each calendar
16-55 year].
16-56 SECTION 3.04. Section 614.007, Health and Safety Code, is
16-57 amended to read as follows:
16-58 Sec. 614.007. POWERS AND DUTIES. (a) The council shall:
16-59 (1) determine the status of offenders with mental
16-60 impairments in the state criminal justice system;
16-61 (2) identify needed services for offenders with mental
16-62 impairments;
16-63 (3) develop a plan for meeting the treatment,
16-64 rehabilitative, and educational needs of offenders with mental
16-65 impairments that includes a case management system and the
16-66 development of community-based alternatives to incarceration;
16-67 (4) cooperate in coordinating procedures of
16-68 represented agencies for the orderly provision of services for
16-69 offenders with mental impairments;
17-1 (5) evaluate programs in this state and outside this
17-2 state for offenders with mental impairments and recommend to the
17-3 directors of state programs methods of improving the programs;
17-4 (6) collect and disseminate information about
17-5 available programs to judicial officers, law enforcement officers,
17-6 probation and parole officers, providers of social services or
17-7 treatment, and the public;
17-8 (7) provide technical assistance to represented
17-9 agencies and organizations in the development of appropriate
17-10 training programs;
17-11 (8) apply for and receive money made available by the
17-12 federal or state government or by any other public or private
17-13 source to be used by the council to perform its duties;
17-14 (9) distribute to political subdivisions, private
17-15 organizations, or other persons money appropriated by the
17-16 legislature to be used for the development, operation, or
17-17 evaluation of programs for offenders with mental impairments;
17-18 (10) develop and implement pilot projects to
17-19 demonstrate a cooperative program to identify, evaluate, and manage
17-20 outside of incarceration offenders with mental impairments; and
17-21 (11) assess the need for demonstration projects and
17-22 provide management for approved projects.
17-23 (b) The council shall develop and implement policies that
17-24 clearly separate the policymaking responsibilities of the council
17-25 and the management responsibilities of the staff of the council.
17-26 SECTION 3.05. Chapter 614, Health and Safety Code, is
17-27 amended by adding Sections 614.010, 614.0101, and 614.0102 to read
17-28 as follows:
17-29 Sec. 614.010. PERSONNEL. (a) The executive director of the
17-30 Texas Department of Criminal Justice or the executive director's
17-31 designee shall prepare and maintain a written policy statement that
17-32 implements a program of equal employment opportunity to ensure that
17-33 all personnel decisions are made without regard to race, color,
17-34 disability, sex, religion, age, or national origin.
17-35 (b) The policy statement must include:
17-36 (1) personnel policies, including policies relating to
17-37 recruitment, evaluation, selection, training, and promotion of
17-38 personnel, that show the intent of the council to avoid the
17-39 unlawful employment practices described by Chapter 21, Labor Code;
17-40 and
17-41 (2) an analysis of the extent to which the composition
17-42 of the council's personnel is in accordance with state and federal
17-43 law and a description of reasonable methods to achieve compliance
17-44 with state and federal law.
17-45 (c) The policy statement must:
17-46 (1) be updated annually;
17-47 (2) be reviewed by the state Commission on Human
17-48 Rights for compliance with Subsection (b)(1); and
17-49 (3) be filed with the governor's office.
17-50 Sec. 614.0101. PUBLIC ACCESS. The council shall develop and
17-51 implement policies that provide the public with a reasonable
17-52 opportunity to appear before the council and to speak on any issue
17-53 under the jurisdiction of the council.
17-54 Sec. 614.0102. COMPLAINTS. (a) The council shall maintain
17-55 a file on each written complaint filed with the council. The file
17-56 must include:
17-57 (1) the name of the person who filed the complaint;
17-58 (2) the date the complaint is received by the council;
17-59 (3) the subject matter of the complaint;
17-60 (4) the name of each person contacted in relation to
17-61 the complaint;
17-62 (5) a summary of the results of the review or
17-63 investigation of the complaint; and
17-64 (6) an explanation of the reason the file was closed,
17-65 if the council closed the file without taking action other than to
17-66 investigate the complaint.
17-67 (b) The council shall provide to the person filing the
17-68 complaint and to each person who is a subject of the complaint a
17-69 copy of the council's policies and procedures relating to complaint
18-1 investigation and resolution.
18-2 (c) The council, at least quarterly until final disposition
18-3 of the complaint, shall notify the person filing the complaint and
18-4 each person who is a subject of the complaint of the status of the
18-5 investigation unless the notice would jeopardize an undercover
18-6 investigation.
18-7 SECTION 3.06. Section 614.017, Health and Safety Code, is
18-8 amended to read as follows:
18-9 Sec. 614.017. EXCHANGE OF INFORMATION. (a) An agency
18-10 [authorized by this chapter to provide continuity of care for a
18-11 special needs offender] may:
18-12 (1) receive information relating to a special needs
18-13 offender regardless of whether other state law makes that
18-14 information confidential, if the agency receives the information to
18-15 further the purposes of this chapter; or
18-16 (2) disclose information relating to a special needs
18-17 offender, including information about the offender's identity,
18-18 needs, treatment, social, criminal, and vocational history,
18-19 supervision status and compliance with conditions of supervision,
18-20 and medical and mental health history, if the agency discloses the
18-21 information to further the purposes of this chapter.
18-22 (b) This section is not intended to conflict with a federal
18-23 law that restricts the disclosure of information described by
18-24 Subsection (a).
18-25 (c) In this section:
18-26 (1) "Agency" includes any of the following entities [a
18-27 division within an agency], a person with an agency relationship
18-28 with one of the following entities [an agency], and a person who
18-29 contracts with one or more of the following entities:
18-30 (A) the institutional division of the Texas
18-31 Department of Criminal Justice;
18-32 (B) the pardons and paroles division of the
18-33 Texas Department of Criminal Justice;
18-34 (C) the community justice assistance division of
18-35 the Texas Department of Criminal Justice;
18-36 (D) the state jail division of the Texas
18-37 Department of Criminal Justice;
18-38 (E) the Texas Department of Mental Health and
18-39 Mental Retardation;
18-40 (F) the Texas Juvenile Probation Commission;
18-41 (G) the Texas Youth Commission;
18-42 (H) the Texas Rehabilitation Commission;
18-43 (I) the Texas Education Agency;
18-44 (J) the Criminal Justice Policy Council;
18-45 (K) the Texas Commission on Alcohol and Drug
18-46 Abuse;
18-47 (L) the Commission on Jail Standards;
18-48 (M) the Texas Department of Human Services;
18-49 (N) the Texas Department on Aging;
18-50 (O) the Texas School for the Blind and Visually
18-51 Impaired;
18-52 (P) the Texas Department of Health;
18-53 (Q) the Texas Commission for the Deaf and Hard
18-54 of Hearing;
18-55 (R) community supervision and corrections
18-56 departments;
18-57 (S) personal bond pretrial release offices
18-58 established under Article 17.42, Code of Criminal Procedure; and
18-59 (T) local jails regulated by the Commission on
18-60 Jail Standards [an agency].
18-61 (2) "Special needs offender" means an individual who
18-62 after conviction or adjudication is in custody or under any form of
18-63 criminal justice supervision [a convicted felon or an individual
18-64 who is placed on community supervision after a grant of deferred
18-65 adjudication under Section 5, Article 42.12, Code of Criminal
18-66 Procedure].
18-67 ARTICLE 4
18-68 SECTION 4.01. This Act takes effect September 1, 1999.
18-69 SECTION 4.02. The importance of this legislation and the
19-1 crowded condition of the calendars in both houses create an
19-2 emergency and an imperative public necessity that the
19-3 constitutional rule requiring bills to be read on three several
19-4 days in each house be suspended, and this rule is hereby suspended.
19-5 * * * * *